HCEO - Advice needed.

[mikeymack2002]

Were you served a properly formatted s21 notice to leave? See here

http://www.legislation.gov.uk/ukpga/1988/50/section/21

[mikeymack2002]

Before you deal with the HCEO further demand a copy of the Writ they have to show/give you a copy on demand/request

[Daniellexx]

Were you served a properly formatted s21 notice to leave?

- No i wasn't, he didn't even use an agent to let the property, nor did he secure my deposit within a scheme. This was my first ever property i had let, and having just had a baby, sadly at the time when i took the house, i though he was actually being nice about not going through an agent so i didn't have to pay fees.... how foolish was I !

[Daniellexx]

Before you deal with the HCEO further demand a copy of the Writ they have to show/give you a copy on demand/request

I didn't know this, and have made a note to do that first thing Tueday morning as they are not open on Saturdays or Bank holidays. Thank you for that information

[Daniellexx]

I also checked the Trust Registry today and paid for the check, There is nothing on there for my Name and address of any CCjs at all - as i have read this is where the information would be held for any judgment that has gone against any person.

[Daniellexx]

Before you deal with the HCEO further demand a copy of the Writ they have to show/give you a copy on demand/request

 

 

 

 

You have got me thinking about this now. When i contacted the COunty court today to ask about the dates etc etc, she asked me to confirm my address, i did so (my current address) and she said no that's not it, so i told her my previous address (the one the claim was sent to in 2010) and she confirmed that was the correct one. at NO point did she say that the current Writ (the one she confirmed as being given on 23rd april2015) was in my new address, she tok my old address as the address she had.

 

 

Soif the Writ had my present address on it, surely she would have known or it would have flagged my present address somewhere on her system

[mikeymack2002]

Have you checked your credit file recently does this debt show on there in "Public Information" join noddle to find out and its free remember to include all known address see here https://www.noddle.co.uk/

 

 

I still cannot understand why you didn't challenge the debt?

 

 

But you would be better off stopping this in its tracks (N245) and waiting till the case is heard which could be soon. In the meantime don't let the HCEO in till you know more ok...

[mikeymack2002]

You have got me thinking about this now. When i contacted the COunty court today to ask about the dates etc etc, she asked me to confirm my address, i did so (my current address) and she said no that's not it, so i told her my previous address (the one the claim was sent to in 2010) and she confirmed that was the correct one. at NO point did she say that the current Writ (the one she confirmed as being given on 23rd april2015) was in my new address, she tok my old address as the address she had.

 

 

Soif the Writ had my present address on it, surely she would have known or it would have flagged my present address somewhere on her system

 

 

Like I said something is wrong here... Do your N245 refuse entry and checking the address for the Writ is a must ASAP

[Daniellexx]

Have you checked your credit file recently does this debt show on there in "Public Information" join noddle to find out and its free remember to include all known address see here https://www.noddle.co.uk/ - Yes i checked this today too, nothing on there what so ever.

 

 

I still cannot understand why you didn't challenge the debt? - I guess having spoken to him in 2010 after the court date, i thought he understood my situation, and then not hearing anything for another 4 years After that chat, like i say i forgot all about it, and accepted the fact he was not going to take it any fi=urther... but all these years on, he has, for reason un beknown to me.

 

 

But you would be better off stopping this in its tracks (N245) and waiting till the case is heard which could be soon. In the meantime don't let the HCEO in till you know more ok...

- So it is definitely the N245 i need not the N244?

[Daniellexx]

Like I said something is wrong here... Do your N245 refuse entry and checking the address for the Writ is a must ASAP

 

 

Can i take this to the court and wait? as the Enforcement letter states that payment in full must be made by 9Th May ortherwise they will start enforcement.

 

 

Is it definitely N245 - as i don't have a current payment plan in place. or do i need a N244 - Stay of Execution with pending Variation order or BOTH

[Daniellexx]

Would just like to thank each and every one of you for your time and effort helping me tonight, it is greatly appreciated, although im still very worried and panicking, your sound information is at least making me feel more confident in what i need to do and achieve.

[Daniellexx]

Im gathering if the address on the writ is my previous address, that warrants it invalid? even though the letter the HCEO has my current address on it?

[mikeymack2002]

When you took out your tenancy their are rules the LL needs to abide by it seem that there is much more to this than disclosed. Points of interest are the deposit scheme, was this handled correctly, (separate account from personal banking) Have you still got a copy of the tenancy agreement? I still think the original eviction notice was flawed, making the whole case wrong.

 

 

I will try to find a MOD to look in on this side of things for you.

[mikeymack2002]

Looks like they found their way here lol

[Daniellexx]

When you took out your tenancy their are rules the LL needs to abide by it seem that there is much more to this than disclosed. Points of interest are the deposit scheme, was this handled correctly, (separate account from personal banking) Have you still got a copy of the tenancy agreement? I still think the original eviction notice was flawed, making the whole case wrong.

 

 

I will try to find a MOD to look in on this side of things for you.

 

 

My deposit was never entered into a scheme at all. Now knowing LL, and what they need to do and not do, this LL was not abiding by anything, but i didn't know that at the time. Once bitten. I definitely have not got a copy of the old tenancy agreement, i know i haven't. When all this was over and done with and i never heard anything from him, foolishly i binned everything

[mikeymack2002]

There seems to be more to come regarding information, did your LL have a mortgage as a buy to let?

 

 

Did LL give you any reason except that his daughter needed somewhere to live especially since you paid for the "upgrades" and did you claim these costs back at the original hearing?

[Daniellexx]

I have toyed with the Idea of asking for it to be set aside, but i defended it on the first place. If i defend it again, and it goes against me, that's another 6 years on my credit file supposedly, its already been nearly 5 (although there is nothing on my credit file or trust registry)

[Daniellexx]

There seems to be more to come regarding information, did your LL have a mortgage as a buy to let?

 

 

Definitely not, he bought the house with his girlfriend at the time from the council. Their relationship broke up a few years previous, he then rented it out. I wasn't the first tenant, there was a couple in the house before me, and it was them that told me he probably wont go through an estate agent as it saves on fees, as that's what he done with them. BUT, the house was listed with an estate agent, thats how i found it, he then intercepted the people. Looking back on it now, ithought he was being ind and doing me a favour, he was clearly shifty right from the word go!

[mikeymack2002]

There is definitely something wrong with this, why now? Is he in financial trouble himself I wonder? Just get your hearing out of the way and try to relax for the weekend then respond when you find something new.

[Daniellexx]

There is definitely something wrong with this, why now? Is he in financial trouble himself I wonder? Just get your hearing out of the way and try to relax for the weekend then respond when you find something new.

 

 

 

THis is what family have said, it seems rather strange after all this time he would only now get a writ. Can you confirm, is it the N245 or N244 stay of execution that i need to do, or both?

[mikeymack2002]

My thoughts are on these

 

 

1. The eviction

2. The rental deposit scheme

3. The upgrades

4. The buy to let

5. The amount of time before the HCEO's were called in

6. This stinks big time btw

[Daniellexx]

1,2 & 3 were my defence in court, but he lied and it went in his favour !

[mikeymack2002]

The n244 route is not worth it because you attended Court, so the N245 route for you then. Get an income and expenses form completed and have that ready to submit with your N245 there is a fee for this it was £55.00 but may have changed recently see here

 

 

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

[Daniellexx]

The n244 route is not worth it because you attended Court, so the N245 route for you then. Get an income and expenses form completed and have that ready to submit with your N245 there is a fee for this it was £55.00 but may have changed recently see here

 

 

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

 

 

Fabulous thank you, i already have all that filled in, so will be at the court first thing Tuesday morning, and i just hope there will be a judge available to view it.

[mikeymack2002]

In the meantime read up on it here

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff's%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-04.aspx

 

 

A word of caution the HCEO can still call on you until the hearing and if it goes your way then this will change.